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Legal Aid South Africa Act, 2014 (Act No. 39 of 2014)

Chapter 2 : Legal Aid South Africa

4. Powers, functions and duties of Board

 

(1) The Board may do all that is necessary or expedient to achieve the objects referred to in section 3, including the following:
(a) Provide legal services, representation and advice, by—
(i) employing legal practitioners and candidate attorneys;
(ii) employing paralegals, who are persons that are not legal practitioners but have knowledge and understanding of the law, its procedures and its social context acquired through training, education, work experience or a national registered qualification in paralegal practice; and
(iii) procuring the services of legal practitioners in private practice by entering into contracts or agreements with them and other entities.
(b) Determine, in consultation with the Minister and the Minister of Finance, its own staff establishment and the terms and conditions of employment for its staff as provided for in section 18.
(c) Purchase or otherwise acquire, hold or alienate any—
(i) movable property; or
(ii) immovable property with the approval of the Minister acting in consultation with the Minister of Finance.
(d) Hire or let any movable or immovable property.
(e) Fix conditions subject to which legal aid is to be rendered, including—
(i) conditions in accordance with which any rights in respect of costs recovered or recoverable in any legal proceedings or any dispute in respect of which the aid is rendered, are ceded to Legal Aid South Africa; and
(ii) the payment of contributions to Legal Aid South Africa by persons to whom legal aid is rendered.
(f) Provide legal representation at state expense as envisaged in the Constitution and this Act, where substantial injustice would otherwise result and render or make legal aid and legal advice available.
(g) Conduct programmes to promote public awareness of constitutional and other legal rights and public understanding of the objects, role and activities of Legal Aid South Africa.
(h) Pay out of the funds of Legal Aid South Africa such remuneration and allowances to members of the Board, their alternates and any committee members appointed in accordance with section 13 who are not in the full-time service of the State, as may be determined by the Minister of Finance from time to time.
(i) Do all things and perform all functions necessary for, or incidental to, the attainment of the objects of Legal Aid South Africa.

 

(2) The Board is the accounting authority of Legal Aid South Africa in accordance with section 49 of the Public Finance Management Act, and is charged with the responsibilities referred to in that Act.